[talk] Ministry of Labor: "New Jeans Honey is not a worker"... Workplace bullying complaint ends

The Ministry of Employment and Labor concluded that the allegations that a member of girl group New Jeans was "ostracized" within Hive did not constitute workplace bullying, stating that "it is difficult to view them as workers under the Labor Standards Act."

According to the Ministry of Employment and Labor on the 20th, the Seoul Western Branch of the Seoul Regional Employment and Labor Office announced that "the complaint filed by New Jeans fans claiming that New Jeans member 'Pam Hani' was bullied in the workplace has been administratively closed as it is difficult to view her as a worker under the Labor Standards Act."

Previously, New Jeans' Hani claimed during a YouTube live broadcast in September that while waiting in the hallway of the HYBE building, she greeted another celebrity and her manager who were passing by, and that the manager told her to "ignore me."

A New Jeans fan who saw this video filed a complaint with the Ministry of Labor through the People's Petition, saying, "The truth about the suspicion of bullying of New Jeans within Hive must be revealed."

The Western District Office, which investigated this, stated about the complaint, "Given the content and nature of the management contract concluded with Palmhani, it is difficult to view it as a worker under the Labor Standards Act who provides labor for wages in an employer-subordinate relationship."

The reason given was that "it is difficult to see that there was any direction or supervision from the company, as it is merely a relationship in which each party performs its contractual obligations as equal contracting parties."

In addition, the following were also cited as causes: "the fact that the company's employment rules and other internal norms, systems, or regulations that apply to general employees are not applied," "there are no set working hours or work locations and commuting times cannot be determined," and "the fact that the company and Pam Hani jointly bear the costs necessary for entertainment activities."

They also pointed out that "it is difficult to view the paid amount as a distribution of profits and therefore as an object of labor itself," "each party pays their own taxes and pays business income tax rather than employment income tax," and "it can be seen that they are taking on the risks of creating profits and incurring losses through entertainment activities."

The Western District Court finally mentioned the Supreme Court’s September 2019 ruling that the nature of exclusive contracts with entertainers is a contract of authority or an anonymous contract similar to an authority under civil law, and once again stated that it is difficult to view them as workers under the Labor Standards Act.

Until now, the prevailing view has been that celebrities are not workers subject to the Labor Standards Act, which prohibits bullying and other harassment in the workplace.

Article 76, Paragraph 2 of the Labor Standards Act prohibits workplace bullying as “an act that causes physical or mental suffering to other workers or worsens the working environment by taking advantage of one’s superior position or relationship in the workplace beyond the appropriate scope of work.”

In order for this to apply, they must be workers under the Labor Standards Act, but not only the court but also the government ruled in 2010 that entertainers are 'exceptional entities' who sign exclusive contracts with entertainment agencies rather than workers.

However, after Hani appeared as a witness and testified at the National Assembly Environment and Labor Committee's state audit, the ruling and opposition parties unanimously demanded institutional improvements to address blind spots in labor laws, claiming that artists' "labor status" is not legally guaranteed, and attention is focused on whether supplementary measures will be prepared.